Local Authorities (Wales) (Property etc.) Order 1973
| Jurisdiction | UK Non-devolved |
1973 No. 1863
LOCAL GOVERNMENT, ENGLAND AND WALES
The Local Authorities (Wales) (Property etc.) Order 1973
Made 8th November 1973
Laid before Parliament 9th November 1973
The Secretary of State for Wales, in exercise of the powers conferred upon him by section 254(1) and (2)(a), (b) and (d) of the Local Government Act 1972 and by those provisions as extended by section 34(1) of, and paragraph 5(2)(b) of Schedule 6 to, the Water Act 1973 and of all other powers enabling him in that behalf, hereby makes the following order:—
Title and commencement
1.—(1) This order may be cited as the Local Authorities (Wales) (Property etc.) Order 1973.
(2) This order shall come into operation—
(a)
(a) for the purposes of the following provisions, namely:—
paragraphs (2) to (6) of article 10
article 11 in so far as it provides for agreements
article 12
paragraphs (1) to (3) and (5) of article 19
paragraph (3) of article 20
paragraphs (5) and (6) of article 23
paragraph (1) of article 25
articles 21, 22, 26, 36 and 38
paragraph 3(b) and (c) of Schedule 2
on 21st December 1973; and
(b)
(b) for all other purposes, on 1st April 1974.
Territorial extent
2.—(1) Save as expressly provided in this order or in any other order made under section 254 of the Act—
(a)
(a) this order extends only to the transfer of matters from authorities whose areas are wholly in Wales;
(b)
(b) article 7(2) and (3) extend only to the councils of counties and county boroughs in Wales;
(c)
(c) articles 28 and 31, in so far as they refer to property described in (a) or (e) of article 9(1), articles 33(2) and 34 in so far as they deal with matters transferred by the Act, and article 37, extend only to Wales;
(d)
(d) article 35(1), (3) and (4) extend only to such authorities as are described in (a);
(e)
(e) article 35(2) extends only to committees established in Wales;
(f)
(f) article 36 extends only to such authorities as are described in (a).
(2) This order extends to the transfer of matters from the following authorities, namely—
The Dee and Clwyd and The Wye River Authorities
The Gwent Water Board
The Presteigne Joint Burial Committee.
(3) Article 35(1), (3) and (4) extend to the authorities named in paragraph (2) and to the Gloucester (Chepstow Division) Port Health Authority.
(4) Article 36 extends to the Welsh National Water Development Authority.
Exclusion of certain matters
3. Nothing in this order other than the express exceptions in the table in Schedule 2 and the definition in that Schedule of “police matters” applies to—
(a) property held by the council of any county or county borough for police purposes, including the purposes of section 81 of the Road Traffic Regulation Act 1967;
(b) property held by the council of any county or any borough having a separate commission of the peace for the purposes of section 25 of the Justices of the Peace Act 1949; or
(c) the land, buildings and works in England of any water undertaking,
or to any liabilities incurred, contracts, deeds, bonds, agreements and other instruments subsisting, notices given, actions and proceedings pending or causes of action or proceeding existing in relation to such matters.
Interpretation
4.—(1) The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.
(2) In this order—
“” means
“”, ;
“” means
“”
“”
the relevant class of authorities, in relation to any authority described in column (1) of the following table, means the class specified in respect thereof in column (2).
TABLE
(1) |
(2) |
A county council |
County councils |
The corporation or council of a borough, or the council of an urban or rural district |
District councils; |
“” means and “” and
“” means
(3) In this order, unless the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment.
(4) Any reference in this order to a numbered article or Schedule shall, unless the reference is to an article or Schedule of a specified order, be construed as a reference to the article or schedule bearing that number in this order.
(5) Any reference in any article of this order to a numbered paragraph shall, unless the reference is to a paragraph of a specified article, be construed as a reference to the paragraph bearing that number in the first-mentioned article.
Other express provision
5. This order shall have effect subject to the express provision of—
(a) any other order made (whether before or after this order) under section 254 of the Act;
(b) any regulations made under section 7 or 8 of the Superannuation Act 1972; or
(c) section 16, 25 or 54(2) of the National Health Service Reorganisation Act 1973 or any order made under those sections.
Ancillary provision in relation to highways
6. There shall be transferred to and vest in or attach to a county council as the highway authority for any highway—
(a) the interest of the former highway authority, as such, in the highway, in so far as such interest is not vested in the county council by virtue of section 226 of the Highways Act 1959;
(b) any land held by the former highway authority, as such, for the purposes of their functions in relation to the highway or which has been acquired by them as highway authority for the highway and not appropriated for any other purpose;
(c) any equipment on or near the highway belonging to the former highway authority as such, including any road lighting system within the meaning of Part III of the Local Government Act 1966 and any other, lighting system belonging to the former highway authority as highway authority for the highway; and
(d) any traffic sign, on or near the highway, belonging to a county, county borough or county district council and not comprised in (c).
In this article “”
Particular matters
7.—(1) Any property described in column (2) of Schedule 1 (or of any extension thereof effected by any further order under section 254 of the Act made before 1st April 1974) of an authority named in column (1) shall by virtue of this order be transferred to and vest in the authority specified in respect of such property in column (3).
(2) Any liability of the council of any county or county borough to repay money borrowed for the provision of financial assistance in respect of works for water supply or sewerage or sewage disposal shall be transferred to and attach to the water authority for the area in which the works are situated.
Any other liability of the council of a county, county borough or county district to repay money borrowed under any statutory provision for the provision of financial assistance in respect of any works shall be transferred to and attach to the authority who would on and after 1st April 1974 be empowered by that statutory provision to provide such financial assistance in respect of such works.
Paragraphs (3) and (4) of article 18 shall apply to the liabilities transferred by this paragraph as they apply to the liabilities transferred by paragraph (2) of that article.
(3) This paragraph applies to the liability of the council of any county or county borough to make contributions to any authority in respect of any scheme under section 2 of the Rural Water Supplies and Sewerage Act 1944.
Any such liability shall cease in respect of any payment falling to be made on or after 1st April 1974.
Where any payment falling to be made before 1st April 1974 is in fact made on or after that date it shall be made to the authority specified in column (2) of Part I or II of Schedule 4 in respect of the authority first referred to in this paragraph.
Sewers and sewage disposal works
8.—(1) Nothing in this article applies to any matter provided for in article 7 or in article 11(2) or (3) or 18 in their application to any property or liability transferred by article 7.
(2) Any public sewer (within the meaning of section 20(2) of the Public Health Act 1936 as that provision has effect at the date of the making of this order) which crosses the boundaries of the areas for sewerage and sewage disposal purposes of two or more water authorities, and any other public sewer discharging thereto, shall be transferred to and vest in the water authority within whose area for such purposes is situated the sewage disposal works, or where the sewer does not discharge to sewage disposal works the outfall, to which the first-mentioned sewer discharges.
(3) Any other public sewer or any sewage disposal works vested in a local authority by virtue of the Public Health Act 1936 shall be transferred to and vest in the water authority within whose area for sewerage and sewage disposal purposes the sewer is or the sewage disposal works are situated.
(4) In this article “”
Transfer of specified classes of property, etc
9.—(1) Nothing in this article applies to—
(a)
(a) any property held as sole trustee, exclusively for charitable purposes, by an existing local authority (being property transferred by section 210 of the Act);
(b)
(b) any property vested in the council of an existing county or county borough which is required to be applied in accordance with a scheme under section 19 of the Welsh Church Act 1914 (being property which is vested in the council of a new county by section 211 of the Act);
(c)
(c) any other property held for the purposes of any charitable trust;
(d)
(d) any property vested in an authority described in column (1) of Part I or II of Schedule 4 transferred to the Secretary of State by section 16, 25 or 54(2) of the National Health Service Reorganisation Act 1973 or any liabilities incurred, contracts, deeds, bonds, agreements and other instruments...
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